BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21/07/2005 CORAM: THE HONOURABLE MR.JUSTICE A.KULASEKARAN Cont.Petn.No. 118 of 2005 S.L.Hemalatha ... Petitioner Versus 1.Thiru.Ramesh Kumar Khanna,I.A.S.,(I/C) Principal Secretary to Government, Labour and Employment Department, Fort St.George, Chennai-600 009. 2.Mr.M.Meera Mytheen, Deputy Chief Inspector of Factories, Fairlands-Salem Tuticorin ... Respondents Contempt Petition filed to punish the respondents for disobeying the interim stay order dated 11.5.2005 passed in W.P.M.P.No.4160/2005 in W.P.No.3953/2005. !For Petitioner ... Mr.A.Thirumurthy ^For 2nd Respondent ... Mr.Ajmalkhan :ORDER
Heard the learned counsel for the petitioner as well as the learned
counsel for 2nd respondent.
2. It is an admitted fact that the respondents have filed a petition to
vacate the interim stay granted in W.P.M.P.No.4160 of 2005 in W.P.No.3953 of
2005 before this Court before filing of Contempt Petition.
3. The Court should bear in mind that the power to punish for contempt
large as it is, must always be
exercised cautiously and wisely. This power had to be used sparingly, however
when its use is needed to correct standards of behaviour in a grossly and
repeated erring quarters.
4. In this case respondent already filed a petition to vacate the
interim order, before the contempt is filed, hence non-compliance of the order
cannot be termed as wilful or intentional disobedience. For the said reasons
contempt petition is dismissed.
To
1.Thiru.Ramesh Kumar Khanna,I.A.S.,(I/C)
Principal Secretary to Government,
Labour and Employment Department,
Fort St.George,
Chennai-600 009.
2.Mr.M.Meera Mytheen,
Deputy Chief Inspector of Factories,
Fairlands-Salem,
Tuticorin.